each year against each individual, co-partnership, company, association or corporation and he may include such tax on the personal property tax list with the other personal property tax levied against such individual, copartnership, company, association or corporation where the assessment is made.

The tax levied under this act shall be collected by the county treasurer, or sheriff, the same as other personal property taxes are collected. ('11 c. 285 § 12)

REVIEW, EQUALIZATION AND APPORTIONMENT (See G. S. 1913, §§ 2326, 2328).

G. S. 1913, § 2328. Apportionment of receipts All taxes paid to the county treasurer under the provisions of this act shall be apportioned, onesixth to the revenue fund of the state of Minnesota, one-sixth to the county revenue fund, one-third to the city village or town and one-third to the school district in which the property is assessed. ('11 c. 285 § 13)

STATUTORY PROVISIONS (See G. S. 1913, §§ 2301 to 2315, 2190,

2192 to 2198).

"real

G. S. 1913, § 2301. Mortgage defined - The words "real property, estate" and "land," as used in this act, in addition to the definitions thereof contained in the Revised Laws 1905, shall include all property a conveyance whereof may be recorded or registered by a register of deed under existing laws; and the word "mortgage," as so used, shall mean any instrument creating or evidencing a lien of any kind on such property, given or taken as security for a debt, notwithstanding such debt may also be secured in part by a lien upon personalty. An executory contract for the sale of land, under which the vendee is entitled to or does take possession thereof, shall be deemed, for the purposes of this act, a mortgage of said land for the unpaid balance of the purchase price. No instrument relating to real estate shall be valid as security for any debt, unless the fact that it is so intended and the amount of such debt are expressed therein. But a mortgage given to correct a misdescription of the mortgaged property, or to include additional security for the same indebtedness, shall not be subject to the tax imposed by this act; nor shall a mortgage securing the same and other indebtedness, additional to that upon which such tax has been paid, be taxable hereunder, except for such added sum. ('07 c. 328 § 1)

G. S. 1913, § 2302. Tax on record or registration — Rates A tax of fifteen cents is hereby imposed upon each hundred dollars, or fraction thereof, of the principal debt or obligation which is, or in any contingency may be, secured by any mortgage of real property situate within the state executed and delivered after the passage and approval hereof and recorded or registered hereafter; provided that any such mortgage heretofore executed and delivered shall not be recorded or registered without payment of the tax originally stipulated in section two (2) hereof as originally enacted; provided further that if any such mortgage shall describe any real estate situate outside of this state, such tax shall be imposed upon such proportion of the whole debt secured thereby as the value of the real estate therein described situate in this state bears to the value of the whole of the real estate described therein, as such value shall be determined by the state auditor upon application of the mortgagee; and provided further that if the maturity of

the said debt secured by the said mortgage, as therein stipulated, shall be fixed at a date more than five years after the date of said mortgage, then and in that case, the tax to be paid thereon shall be at the rate of twentyfive cents on each hundred dollars or fraction thereof. ('07 c. 328 § 2, amended '13 c. 163 § 1)

Chapter 73, § 1, Laws 1917, amending G. S. 1913, § 2302.

Section 1. Tax on real estate mortgages running for more than five years to be paid at rate of 25 cents on each $100-That section 2302 of the General Statutes of Minnesota for 1913 be and the same is hereby amended so as to read as follows:

"2302. A tax of fifteen cents is hereby imposed upon each hundred dollars, or fraction thereof, of the principal debt or obligation which is, or in any contingency may be, secured by any mortgage of real property situate within the state executed and delivered after the passage and approval hereof and recorded or registered hereafter; provided that any such mortgage heretofore executed and delivered shall not be recorded or registered without payment of the tax originally stipulated in section 2 hereof as originally enacted; provided further that if any such mortgage shall describe any real estate situate outside of this state, such tax shall be imposed upon such proportion of the whole debt secured thereby as the value of the real estate therein described situate in this state bears to the value of the whole of the real estate described therein, as such value shall be determined by the state auditor upon application of the mortgagee; and provided further that if the maturity of any portion of said debt secured by the said mortgage, as therein stipulated, shall be fixed at a date more than five years after the date of said mortgage, then and in that case, the tax to be paid on such portion shall be at the rate of twenty-five cents on each hundred dollars or fraction thereof."

G. S. 1913, § 2303. Exemption from other taxes - Certain mortgages not included - All mortgages upon which such tax has been paid, with the debts or obligations secured thereby and the papers evidencing the same, shall be exempt from all other taxes; but nothing herein shall exempt such property from the operation of the laws relating to the taxation of gifts and inheri tances, or those governing the taxation of banks, savings banks, or trust companies; provided, that this act shall not apply to mortgages taken in good faith by persons or corporations whose personal property is expressly exempted from taxation by law, or is taxed upon the basis of gross earnings, or other methods of commutation in lieu of all other taxes. ('07 c. 328 § 3) G. S. 1913, § 2304. Mortgages to secure obligations to be issued-Statement - If a mortgage is made to a mortgagee in trust, to secure the payment of bonds or other obligations to be issued thereafter, a statement may be incorporated therein or the amount of such obligations already issued or to be issued forthwith, and the tax to be paid on filing such mortgage for record or registration shall be computed upon the amount so stated. Such statement shall be binding and conclusive upon all persons claiming through or under the mortgage, and no such obligation issued in excess of the aggregate so fixed shall be valid for any purpose unless the additional tax thereon be paid and the receipt of the proper county treasurer therefor be endorsed thereon. ('07 e. 328 § 4)

-

G. S. 1913, § 2305. Tax, how payable - Receipts - Exemption, how determined Lands in more than one county-The tax imposed by this act shall be paid to the treasurer of the county in which the mortgaged land or some part thereof is situated, at or before the time of filing the mortgage for record or registration. The treasurer shall endorse his receipt on the mortgage, countersigned by the county auditor, who shall charge the amount to the treasurer, and such receipt shall be recorded with the mortgage, and such receipt of the record thereof shall be conclusive proof that the tax has been paid to the amount therein stated, and shall authorize any register of deeds to record the mortgage. Its form in substance shall be "registration tax hereon of ... dollars paid." If the mortgages be exempt from taxation the endorsement shall be "exempt from registration tax," to be signed in either case by the treasurer as such, and in case of payment

to be countersigned by the auditor. In case the treasurer shall be unable to determine whether a claim of exemption should be allowed the tax shall be paid to the clerk of the district court of the county to abide the order of such court made upon motion of the county attorney, or of the claimant upon notice as required by the court. When any such mortgage covers real property situate in more than one county in this state the whole of such tax shall be paid to the county treasurer of the county where the mortgage is first presented for record or registration, and the payment shall be receipted and countersigned as above provided, and such tax shall be divided and paid over by the county treasurer receiving the same on or before the tenth day of each month after receipt thereof to the county or counties entitled thereto in the ratio which the assessed value of the real property covered by the mortgage in each county bears to the assessed value of all the property described in the mortgage. In making such division and payment the county treasurer shall send therewith a statement giving the description of the property described in the mortgage and the assessed value of the part thereof situate in each county. And for the purpose aforesaid the county treasurer of any county may require the county treasurer of any other county to certify to him the assessed valuation of any tract of land in any such mortgage. ('07 c. 328 § 5)

G. S. 1913, § 2306. Lands not subject to direct tax When any real estate situate in this state and described in any such mortgage is not taxed by direct tax upon the assessed valuation thereof, then the tax herein provided shall be paid to the state treasurer and credited to the general revenue fund. The receipt thereof shall be indorsed upon the mortgage by the state treasurer and countersigned by the state auditor, who shall charge the treasurer therewith, and thereupon such mortgage shall be recorded or registered, as to such real estate in any office in this state, and thereupon such mortgage may be recorded or registered, but as to all real property described in any mortgage taxed upon an assessed valuation the registry tax shall be paid as provided in section 5 [2305] hereof. ('07 c. 328 § 6)

G. S. 1913, § 2307. Prepayment of tax-Evidence - Notice - No such mortgage, no papers relating to its foreclosure nor any assignment or satisfaction thereof shall be recorded or registered after the passage of this act unless said tax shall have been paid; nor shall any such document or any record thereof, be received in evidence, in any court, or have any validity as notice or otherwise. ('07 c. 328 § 7, amended '13 c. 163 § 2)

G. S. 1913, 2308. Mortgages recorded, etc., prior to passage of act—All mortgages of real estate recorded or registered prior to the passage of this act shall be taxable as provided by law under the provisions of law relating thereto prior to the enactment hereof, provided, that the holder of any such mortgage may pay to the treasurer of the proper county, or the state treasurer, or both, the tax therein prescribed upon the amount of the debt secured by such mortgage at the time of such payment as stated by the affidavit of the owner of such mortgage, to be filed with the county treasurer, and have the treasurer's receipt countersigned by the auditor endorsed thereon. The register of deeds or secretary of state, as the case may be, on presentation of such receipt, shall note on the margin of the mortgage record the date and amount of such payment. Thereafter such mortgage debt shall not be otherwise taxable. ('07 c. 328 § 8, amended '13 c. 163 § 3) G. S. 1913, § 2309. Taxes how divided, etc.- All taxes paid to the county treasurers under the provisions of this act shall be apportioned one-sixth to the revenue fund of the state of Minnesota, one-sixth to the county revenue fund, and the balance shall be divided equally between the school district and the city, village or town in which the real estate described in the mortgage is situated. ('07 c. 328 § 9, amended '13 c. 352 § 1)

G. S. 1913, § 2310. Certain mortgages, etc., recorded without payment of tax legalized — All mortgages upon real estate securing the payment of $50.00 or less which have heretofore been recorded in the office of the register of deeds of the proper county in this state and concerning which all requirements of law in relation to the record thereof have been complied with, except that no registration tax has been paid thereon together with

all assignments and satisfactions thereof heretofore recorded are hereby legalized and made valid for all purposes in like manner and with the same effect as if such registration tax had in fact been paid prior to the record of such mortgages. ('13 c. 370 § 1)

G. S. 1913, § 2311. Same - Certain foreclosures legalized — If any such mortgage has heretofore been foreclosed by advertisement, and if all the requirements of law in relation to such foreclosure have been observed, except that the registration tax upon such mortgage was not paid prior to the record thereof, the foreclosure of such mortgage and the record of all affidavits and certificates pertaining thereto are hereby legalized and made valid for all purposes in the same manner and with the same effect as if the registration tax had in fact been paid upon such mortgage prior to the record thereof. ('13 c. 370 § 2)

G. S. 1913, § 2312. Same - Evidence- All such mortgages and all such assignments and satisfactions thereof, and all such certificates and affidavits pertaining to the foreclosure of the same by advertisement may, together with the record thereof be read in evidence in any court of this state and shall be received as prima facie evidence of the contents of such original instruments. ('13 c. 370 § 3)

G. S. 1913, § 2313. Same Pending actions - This act shall not affect any action at law or in equity now pending in any of the courts of this state. ('13 č. 370 § 4)

G. S. 1913, § 2314. Certain foreclosures, etc., of contracts legalized, etc.— That in all cases where a contract for the purchase or sale of real estate has been foreclosed or cancelled or attempted to be foreclosed or cancelled, and such foreclosure or cancellation is defective by reason of the fact that prior thereto no mortgage registration tax has been paid on said contract, such foreclosure or cancellation and all proceedings in connection therewith and the record thereof, if any shall have been made, are hereby legalized and made as valid and effectual to all intents and purposes and of the same force and effect in all respects, for the purpose of notice, evidence, validity, foreclosure, cancellation or otherwise as if such mortgage registration tax had been paid prior to the time of the commencement of any such preceedings. Provided the mortgage registration tax on said contract be paid in full within six months after the passage of this act. ('13 c. 301 § 1)

G. S. 2315. Same Rights, when barred Any person, persons, co-partnership or corporation, as vendee, holding any contract for the purchase or sale of real estate, which said contract has heretofore been foreclosed or cancelled or attempted to be foreclosed or cancelled, and the mortgage registration tax was not paid, said person, persons, co-partnership or corporation shall have thirty days from and after the passage of this act to assert any rights they may have under and by virtue of said contract, or be forever barred from assorting same. ('13 c. 301 § 2)

G. S. 1913, § 2192. Deeds, etc. - Payment before transfer and recordAuditor's certificate - Penalty, etc. When a deed or other instrument conveying land, or a plat of any town site or addition thereto, is presented to the county auditor for transfer, he shall ascertain from his records if there be taxes due upon the land described therein, or if it has been sold for taxes. If there are taxes due, he shall certify to the same; and upon payment of such taxes, and of any other taxes that may be in the hands of the county treasurer for collection, or in case no taxes are due, he shall transfer the land upon the books of his office, and note upon the instrument, over his official signature, the words, "taxes paid and transfer entered," or, if the land described has been sold or assigned to an actual purchaser for taxes, the words, "paid by sale of land described within;" and, unless such statement is made upon such instrument, the register of deeds shall refuse to receive or record the same; provided, that sheriff's or referees' certificates of sale on execution or foreclosure of a lien or mortgage, decrees and judgments, receiver's receipts, patents, and copies of town or village plats, in case the original plat filed in the office of the register of deeds has been lost or destroyed, may be recorded without such certificate. A viola